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montana legislature

2009 Conservation Legislation

Montana Audubon worked on the following bills during the 2009 Montana Legislature. Bills marked with an asterisk (*) appear in our 2009 Voting Record. For an assessment of how the Audubon generally faired at the Montana Legislature, click HERE > >.

Legislation appears in the following categories:

Montana Audubon's Conservation Priorities
Bill/Sponsor Description Status Audubon Position
Big Sky Rivers Act

HB 455/Rep. Michele Reinhart, D-Missoula

This bill will establish a streamside management area for new residential and commercial buildings along 10 of our significant rivers. The streamside management area will be 250 ft from the ordinary high water mark, including also creates a 150-foot vegetated buffer (located adjacent to the river) to protect water quality. More Info Here Defeated in House: failed in House Local Goverment Committee on a 9-9 vote. SUPPORT PRIORITY BILL
HB 443/Rep. Mike Menahan, D-Helena This bill changes the definition of nongame animal to allow FWP to have clear authority over such species as prairie dogs, bats, and similar species. More Info Here Passed House 53-47, Defeated in Senate SUPPORT* PRIORITY BILL
HB 584/Rep. Art Noonan, D-Butte This bill will look at establishing a program to certify new wind projects that have implemented measures to minimize impacts to wildlife, critical wildlife habitat, and other areas of special concern. This would be a voluntary program, but may include a tax incentive. More Info Here Passed House 82-18, Defeated in Senate on a tie (25-25) vote SUPPORT* PRIORITY BILL
HB 646/Rep. Wanda Grinde, D-Billings This bill would create a program to give grants to Montana schools for improving the energy efficiency of school buildings. High-energy use and inefficient buildings wastes tax dollars and causes unnecessary pollution of our air and water. This bill was incorporated into HB 645; it passed both houses of the legislature and was signed by the Governor SUPPORT PRIORITY BILL
HB 641/Rep. Art Noonan, D-Butte An Energy Efficiency Standard for Utilities would require utilities to increase efforts to improve energy efficiency. It would save ratepayers money on their utility bills, decrease the demand utility services, and decrease global warming pollution. Defeated in House: failed in House Energy Committee SUPPORT PRIORITY BILL
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Climate Change, Energy & Mining
HB 359/Rep. Pominchowski, D-Bozeman This bill would improve public notification for gravel pit development. Defeated in House SUPPORT
HB 582/Rep. Caferro, D-Helena This bill would create a green jobs training program. Defeated in House: failed in House Committee on 9-9 vote SUPPORT
HB 27/Rep. Wiseman, D-Bozeman This bill would remove the sunset on the Universal Systems Benefit Program. Passed House 63-37, Passed Senate 36-13, Signed by Governor SUPPORT*
HB 375/Rep. Phillips, D-Bozeman This bill would create a bipartisan interim committee of legislators that would consider the impacts of climate change and specifically the impacts of regional or federal carbon regulation.

Passed House Defeated in Senate on a 22-27 vote

SUPPORT
SJ 24/Sen. Hawks, D-Bozeman This resolution would allow for an interim study of the affects to Montana of implementing a regional climate change strategy such as the Western Climate Initiative Defeated in Senate Committee SUPPORT
HB 254/Rep. Phillips, D-Bozeman This bill would require industry to monitor and report to the Dept. of Environmental Quality on greenhouse gas emissions. Defeated in House Committee SUPPORT
SB 66/Sen. Erickson, D-Missoula This bill establishes standards for the sequestration of carbon dioxide, which will reduce the impacts of coal-based energy projects. Defeated in Senate Committee SUPPORT
SB 49/Sen. Wanzenried, D-Missoula This bill would require that new state buildings and major renovations on state buildings would maximize their energy efficiency.

Passed Senate 44-6, Passed House 72-27, Signed by Governor

SUPPORT
HB 255/Rep. Phillips, D-Bozeman This bill would incrementally increase the percentage of energy power companies must get from renewable sources in the years 2020-2025. Defeated in House Committee SUPPORT
SB 360/Sen. Keane, D-Butte This bill would revise the Major Facilities Siting Act to expand the right-of-way by 10% or 10 miles to avoid sensitive areas. Passed Senate & House, amended by Governor OPPOSE/Amend (Amendments made us neutral)
SB 257/Sen. Keane, D-Butte This bill would include upgrades and routine maintenance to hydroelectric facilities in the definition of a renewable energy resource. More Info Here Passed Senate 40-10, Passed House 57-43, Vetoed by Governor OPPOSE*
SB 37/Sen. Kaufmann, D-Helena This bill would increase the tax credit for energy saving expenditures. Passed Senate 29-21, Defeated in House SUPPORT
SB 301/Sen. Cooney, D-Helena This bill would increase the state income tax credit for energy efficiency expenditures by homeowners and owners of residential rental properties. Defeated in Senate Committee SUPPORT
HB 420/Rep. Reinhart, D-Missoula This bill would allow municipalities to adopt their own building codes with higher energy conservation standards than the state. Passed House & Senate, signed by Governor SUPPORT
SB 180/Sen. Erickson, D-Missoula This bill would establish CAFE, or emissions standards, for new vehicles sold in MT. Defeated in Senate Committee SUPPORT
SB 297/Sen. Larsen, D-Missoula This bill would require the state to map sand and gravel resources and make the information available to the public and local governements. Passed Senate & House, signed by Governor SUPPORT
HB 313/Rep. Pomnichowski, D-Bozeman This bill would require gravel pit developers to provide notice to area residents and create standards for when a public hearing must be held in response to opposition. Deafeated in House Committee SUPPORT
HB 20/Rep. Dickenson, D-Great Falls This bill would take a percentage of the oil and natural gas tax and create an account to weatherize low income homes. Defeated in House Committee SUPPORT
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Wildlife & Habitat Protection
SB 183/Sen. Balyeat, R-Bozeman This bill voids Montana's Wolf Conservation and Management Plan, which has been approved by the US Fish & Wildlife Service - an essential step toward delisting wolves from the Endangered Species Act. Read More Here Deafeated in Senate: failed on a 23-27 vote OPPOSE*
HB 79/Rep. Stahl, R-Saco This bill would prevent state agencies from acquiring new state lands without getting rid of land they already own (a no net gain of state land). Deafeated in Hoouse Committee OPPOSE
SB 15/Sen. Steinbeisser, R-Sidney This bill would declare the walleye a native species. It could have impacted funding for native species and introduction projects for walleye. Deafeated in Seanate Committee OPPOSE
SB 217/Sen. Barrett, R-Dillon This bill would require FWP to reimburse livestock owner for disease testing. It would also jeopradize federal funding of all other FWP programs.

Passed Senate, Defeated in House

OPPOSE*
SB 228/Sen. Barrett, R-Dillon As introduced, this bill would require FWP to issue special kill permits for wolves, amending Montana's wolf recovery plan and triggering review by the federal government (delaying wolf delisting unnecessarily). The problematic language from this bill was amended out. Passed Senate 35-15, Passed House 87-13, Signed by Governor NEUTRAL w/ Amendments
SB 164/Sen. Barrett, R-Dillon This bill would force FWP to make weed control the top priority on new lands over other important concerns such as public health, safety and sanitation. Passed Senate 27-23, Passed House 100-0, Signed by Governor NEUTRAL w/ Amendments
HB 25/Rep. McChesney, D-Miles City Department of transportation water right for wetland projects. Defeated in House Committee AMEND
SJ 15/Sen. Tutvedt, R-Kalispell This resolution urges the delisting of the gray wolf and supports the management plan proposed by FWP. Passed Senate 48-0, Passed House 50 - 0 SUPPORT
SJ 13/Sen. Zinke, R-Whitefish This resolution calls for Montana to recognize the centennial aniversary of Glacier National Park Passsed Senate 46-4, Passed House 87-10 SUPPORT
SB 213/Sen. Bales, R-Otter This bill would have required FWP to prevent disease transmission between wildlife and livestock. MT Audubon amended the bill to work toward preventing disease transmission. Passed Senate 50-0, Defeated in House NEUTRAL w/ Amendments
HJ 10/Rep. Phillips, D-Bozeman This resolution would ask the US Congress to seek new funding sources through carbon legislation to fund research, monitoring and management for wildlife affected by climate change. Defeated in House Committee SUPPORT
SB 343/Sen. Jackson, R-Kalispell This bill enables cooperation of state agencies to address aquatic invasive species. Read More Here Passed Senate 44-3, Passed House 84 - 12, Signed by Governor SUPPORT
SB 202/Sen. Hinkle, R-Thompson Falls This bill is meant to stop people from attracting concentrations of ungulates that can cause public safety problems. MT Audubon amended the bill to ensure recreational bird feeding was not inadvertently banned. Passed Senate 45-4, Passed House 91-9, Signed by Governor

SUPPORT/AMEND

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General Environmental Protection
SB 440/Sen. Gebhardt, R-Roundup This bill would exempt air quality permits from MEPA. Read More Here Passed Senate 26-24, Defeated in House OPPOSE*
HB 566/Rep. Jones, R-Conrad This bill takes away the ability of state agencies to use MEPA in decisionmaking and removes any consequences for failure to comply with MEPA. Read More Here Defeated in House OPPOSE*
HB 529/Rep. Jones, R-Conrad This bill significantly limits environmental reviews of impacts from wind farms on state lands. Passed House & Senate, Signed by Governor OPPOSE*
SB 288/Sen. Hinkle, R-Thompson Falls This bill would force citizens to post a bond to challenge a permit or to seek an injunction against an energy development project. Passed Senate, Defeated in House OPPOSE
SB 417/Sen. Keane, D-Butte This bill would prohibit legal challenges under the Montana Environmental Protection Act regardless of agency compliance with law. Read More Here Passed Senate 29-21, Defeated in House OPPOSE*
HB 483/Rep. Jones, R-Conrad This bill would make it virtually impossible for citizens to appeal DEQ approvals of all air, water and major facilities siting permits. This bill is almost identical to SB 387 by Sen. Bales, R-Otter Read More Here

Passed House 68-32, Passed Senate 30-20, Governors amendments improved this bill better

OPPOSE*
SB 478/Sen Brenden, R-Scobey This bill would prohibit perpetual conservation easements. Deafeated in Senate Committee OPPOSE
SJ 23/Sen. Moss, D-Billings This resolution would have the state consider children's access to nature and ways to promote young people's engagement in their environment. Defeated in Senate 21-27 SUPPORT*
HB 249/Rep. Stahl, R-Saco This bill would tax perpetual conservation easements. Defeated in House Committee OPPOSE
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Recreation, Public Lands & Forest Protection
HB 674/Rep. Vincent, R-Libby This bill would allow the state to post a bond of up to $21 million for the purchace of 26,000 acres of former Plum Creek timber land. These lands in the Potomac area would be working forests for the benefit of the state school trust. Passed House 98-2, Passed Senate 37-13, Signed by Governor SUPPORT*
HB 14/Rep. Nooney, R-Missoula This bill would allow the state to issue bonds for the purchase of former Plum Creek timber lands. Defeated in House Committee (it was replaced by HB 674) SUPPORT
HB 402/Rep. French, D-Scobey This bill would remove the termination date for the state land banking program, and with an Audubon approved amendment, would increase the amount of land the state could sell to 250,000 acres. Passed House & Senate, signed by Governor SUPPORT/ AMEND
HB 190/ Rep. Van Dyk, D-Billings This concensus Bridge Access bill solves the problem of stream access at county road bridges, allowing landowners to attach a fence from their land to a bridge, but also allowing for a mechanism for recreationists to access our streams. Passed House & Senate, signed by Governor SUPPORT
HB 140/Rep. Vincent, R-Libby This bill allows DNRC to increase timber harvests up to 10% above the sustained yield for forest health. Passed House 86-14, Passed Senate 43-6, Signed by Governor OPPOSE
HJ 4/Rep. Vincent, R-Libby A resolution asking Congress to allow Governors to delcare hazardous fuels emergencies that would allow timber harvest on federal land that would be exempt from the National Environmental Policy Act. Passed House 59-41, Passed Senate 35-15 OPPOSE
HJ 7/Rep. Vincent, R-Libby A resolution to ask Congress to allow local and state government to aggressively suppress fire on federal land and discourage federal road closures that might block access for fire suppression. Passed House 89-10, Passed Senate 44-3 OPPOSE
HB 26/Rep. Peterson, R-Billings This Bridge Access bill was developed without any consensus and would leave each county in charge of solving individual bridge access problems. Deafeated in House Committee OPPOSE
SB 129/Sen. Lewis, R-Helena This bill creates a fire management easement program that gives landowners an incentive to build fewer homes in the wild land-urban interface. Defeated in Senate Committee SUPPORT
SJ 19/Sen. Peterson, R-Buffalo This resolution would urge the federal government to prioritize management for grazing at the Charles M. Russel Wildlife Refuge. Passed Senate 50-0, Passed House 78-22 OPPOSE
HB 51/Rep. D. Brown, R-Hungry Horse This bill would change the $4 fee on vehicle registration from an opt-out to an opt-in, putting funding for state parks at risk. Defeated in House Committee OPPOSE
SB 435/Sen. Brenden, R-Scobey This bill would prohibit the state from any net gain in state land, precluding projects like the Working Forests Initiative (HB 14) PassedSenate 26-24, Defeated in House Committee OPPOSE*
SB 131/Sen. Williams, D-Missoula This bill will assist local government with mapping the wildland-urban interface for land use planning. Passed Senate 29-21, Passed House 70 - 29, Signed by Governor SUPPORT
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Subdivisions & Land Use Planning
SB 423/Sen. Jackson, R-Kalispell This bill sets up a voluntary 20-foot best management practices zone next to every perennial stream in the state, discouraging permanent structures. The bill states that it is designed to protect water quality, but the distance is not sufficient. Defeated in Committee OPPOSE
SB 402/Sen. Peterson, R-Buffalo This bill would define "regulatory takings", overturing two MT Supreme Court cases, and forcing the state to compensate two game farm owners at a cost of over $1 million. Passed Senate 32-18, Defeated in House Committee OPPOSE*
HB 406/Rep. Reinhart, D-Missoula This bill would clarify the process of interim zoning which is often a crucial part of land use planning. Defeated in House Committee SUPPORT
SB 307/Sen. Tutvedt, R-Kalispell This bill allows for "exempt sales" of land which can be subdivided without proper review. This would reinstate an old loophole that could allow a parcel of land to be subdivided very quickly. Defeated in Senate Committee OPPOSE
SB 305/ Sen. Tutvedt, R-Kalispell This bill makes major changes to subdivision permitting law, making it more difficult for local government to protect taxpayers, neighbors, and wildlife from badly designed or located subdivisions. Amendments take out the problematic portions of this bill. Passed Senate 50-0, Passed House 94-6, Signed by Governor NEUTRAL w/ Amendments
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Water
SB 507/Sen Story, R-Park City This bill allows DNRC to manage structures on land underneath navigable streams. Passed Senate & House (with MT Audubon amendments), Amended by Governor SUPPORT/Amend
SB 437/Sen. Perry, R-Manhattan This bill would prevent people from using an exempt well as the water source for private fish ponds. Passed Senate, Defeated in House Committee SUPPORT*
SJ 7/Sen. Brenden, R-Scobey This resolution opposes the Clean Water Restoration Act which provides federal protection for all US waters. More Info Here Passed Senate 32-18, Defeated in House Committee OPPOSE*
SB 200/Sen. Erickson, D-Missoula This bill bans household cleaning products containing phosphorus in counties with water bodies exceeding nutrient standards, which is currently the Clark Fork River. More Info Here

Passed Senate 34-15, Passed House 61-39, Signed by Governor

SUPPORT*
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Program Funding
HB 2/Rep. Sesso, D-Butte General Appropriations/ FWP Budget. We supported FWP's nongame check off program, as well as a full time position for a land use planner who assists local government officials with land use planning impacts to wildlife. Committee hearings SUPPORT
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A few ACRONYMS:

FWP = Montana Fish, Wildlife and Parks

DNRC = Dept. of Natural Resources and Conservation

For more information, contact Casey Perkins, MT Audubon's Legislative Intern at mtmagpie@mtaudubon.org or 406-443-3939.

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